Glossary entry

Spanish term or phrase:

exclusividad judicial

English translation:

judicial exclusivity

Added to glossary by jude dabo
Jan 15, 2016 18:55
8 yrs ago
1 viewer *
Spanish term

exclusividad judicial

Spanish to English Law/Patents Law (general)
This is from the same order from a court in Spain.

Consecuencia de la exclusividad judicial, es la exigencia de control judicial en el desarrollo, prórroga y cese de la medida, lo que se traduce en la remisión de las grabaciones originales al Juzgado.

Thanks in advance.
Change log

Jan 21, 2016 12:23: jude dabo Created KOG entry

Votes to reclassify question as PRO/non-PRO:

Non-PRO (2): philgoddard, Yvonne Gallagher

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Proposed translations

+2
15 mins
Selected

judicial exclusivity

“judicial exclusivity -only the Court is permitted to interpret the Constitution.
Peer comment(s):

agree philgoddard
41 mins
Thank you Sir!!
agree Yvonne Gallagher
18 hrs
thanks!
Something went wrong...
4 KudoZ points awarded for this answer.
+1
24 mins

judicial exclusivity

A principle relating to the scope of the court's power and authority.

At the outset of our second generation under the Charter, the Court's role is clear: it has claimed the role of guardian of the constitution. For their parts, however, neither Parliament nor the provincial legislatures have asserted any claim to interpretive authority where the Charter is concerned. On the contrary, judicial exclusivity in Charter interpretation is a norm that has been factored into political deliberations.
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1153072

The Court attempted to justify its radical understanding of the Court’s role by abusing precedent—in this case, perhaps the most famous case in the history of the Supreme Court—Marbury v. Madison. But Marbury said not a word about judicial supremacy or exclusivity. In fact, Marbury specifically articulated a limited judiciary: “The province of the court is, solely, to decide on the rights of individuals, not to enquire how the executive, or executive officers, perform duties in which they have a discretion. Questions, in their nature political, or which are, by the constitution and laws, submitted to the executive, can never be made in this court.” The Cooper Court engaged in precedential revisionism in order to arrogate power unto itself.
http://www.heritage.org/initiatives/rule-of-law/judicial-act...

I have the gravest concerns about the chief justice's statements regarding the validity of the Senate's opinions and actions to prohibit non-judicial, off-the-Bench international activities by Canadian judges, and the Senate's corollary assertion of the public interest in judges' impartiality, integrity, and judicial exclusivity.
http://senatorcools.sencanada.ca/Speech-in-Senate-Chamber-Se...

Exclusividad judicial en su vertiente negativa: se encuentra prevista en el artículo 146, primer y segundo párrafos, de la Constitución, según la cual los jueces no pueden desempeñar otra función que no sea la jurisdiccional, salvo la docencia universitaria.
Exclusividad judicial en su vertiente positiva: se contempla en el artículo 139, inciso 1, de la Constitución, según el cual sólo el Poder Judicial puede ejercer función jurisdiccional

http://www.tc.gob.pe/jurisprudencia/2006/00004-2006-AI.html
Peer comment(s):

agree Yvonne Gallagher : same as Jude's but with refs
18 hrs
Thanks, Gallagy, that's why I didn't remove it.
Something went wrong...
3 hrs

(AmE) judicial prerogative

an alternative approach to exclusivity.
Example sentence:

he Judicial Prerogative. Thomas W. Merrill. Follow this and additional works at: http://digitalcommons.pace.edu/plr.

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